Don't give in to peer pressure bullying negotiations.1 From the time that I started practicing law others have told me do act in a particular way or do things differently using the argument “that's how everybody else does it.” In most instances this advice was...
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Divorce
Separation agreements can’t contract away bankruptcy protections
I recently negotiated a separation agreement in a divorce in which the opposing attorney insisted on inserting a clause that on its face prevented the parties from receiving the benefit of bankruptcy laws if one of them filed a bankruptcy petition in federal court....
Massachusetts alimony law – durational limits and prior divorce judgments
In 2012 Massachusetts divorce law changed by implementation of an Alimony Reform Act. A recent case, George v. George, interpreted and explained a portion of the law known as durational limits. Under prior law, alimony was awarded for life or until a material change...
Prepare for a divorce – create a household inventory
In most cases, people anticipate a divorce before it happens. While some actions taken before a divorce can receive an adverse reaction from a spouse, creating an inventory should not. Creating an inventory can be helpful in case you suffer an insurance loss such as...
Civil remedies for spying with technology
In the past I have blogged about using technology to spy on a spouse the potential consequences. I have written about criminal penalties, and civil lawsuits. A recent case, Tinory v. DePierre, Mass.App.Div. No. 14-ADMS-4022 (2015), involved a GPS device planted on a...
Pre-nuptial agreements are not automatically enforced
Pre-Nuptial Agreements are not automatically enforced. Pre-nuptial agreements in Massachusetts are enforced if they are fair at the time of the execution of the agreement and fair at the time of the enforcement of the agreement. Fairness at the time of the execution...
What can a parent do when they are the victim of parental alienation?
There is no perfect answer to this question. As long as one parent keeps fueling the alienation flames, the alienation will continue. Every case of parental alienation is different but the cause is the same. One parent uses the children as weapons to hurt the other...
Health insurance, emancipation, and separation agreements
In Massachusetts divorces health insurance is a priority concern for judges. It is standard practice to provide health insurance for children until they are emancipated. In addition, unless there is a remarriage, health insurance is usually provided for an ex-spouse...
What rights do gay spouses have in custody battles?
For centuries, the law has struggled with issues surrounding rights of spouses in custody battles. Of course, until recently, all of these battles have involved heterosexual couples. When a married woman gives birth, who is the father? What rights does a married man...
My spouse cheated on me, can I sue for damages?
For most people, marriage means that the two spouses will not have sexual relations with any person except their spouse. Unfortunately, sometimes this right of exclusive sexual access is violated. When this occurs, there is a desire on the part of the innocent spouse...
